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Overview
When individuals think of truckers, they usually think of drivers who work for a trucking company. These drivers are given assignments by their trucking company and drive trucks owned by the company. Independent truck driver workers, on the other hand, are unique in their responsibilities and may be protected under different laws than company drivers.
Independent truck drivers differ from company-employed drivers because they are much more in control of their work. They technically run their own trucking company and typically own their own truck. This can result in a lot of freedom and room for personalization of a truck and how a trucker does their job. However, this also means that an independent driver will spend more time completing paperwork, securing jobs, and considering their trucking business as a whole.
Independent truck drivers are also responsible for a host of expenses including getting their own authorities, truck registration, fuel tax payment, road tax payment, state permits, equipment, load insurance, license plates, and all maintenance and repair costs associated with the truck. There is also a significant amount of financial risk associated with owning your own truck.
However, independent truck drivers may have a higher earning potential. If an operator runs their business efficiently, they may be able to reap higher fees and significant tax advantages that are not seen by company drivers.
Legal Issues for Independent Truck Drivers
In some cases, independent truck drivers may enter into contracts with trucking companies. This can be a benefit to trucking companies because they do not have to deal with the costs and expenses of maintaining a rig. However, these arrangements may take advantage of truckers.
An independent truck driver’s work should be just that – independent. If a trucking company maintains control over how a trucker does their job, they may be taking advantage of truckers by denying them the benefits they are owed. A company having control over a worker usually indicates that the worker is not an independent contractor.
If a trucking company fails to pay their truck drivers like employees but maintains control over the workers’ jobs, they may be violating federal and state labor laws.
Independent Truck Driver Lawsuits
One independent trucker class action lawsuit was filed in 2015 by a driver who claimed that New Prime Inc. wrongfully classifies their drivers as independent when in reality they are employees. This allegedly resulted in the truck drivers being underpaid when they were in their onboarding and training periods. The Class of drivers recently saw a win when a U.S. Supreme Court decision determined that trucking companies cannot force independent truck drivers to arbitration.
More recently in April 2019, 10 truck drivers were awarded $1.2 million in a trucking lawsuit that claimed that they were misclassified as independent contractors. This allegedly resulted in significant underpayment of the truck drivers’ wages. The drivers sought compensation for unpaid wages, missed breaks, unlawful paycheck deductions, and other violations that allegedly resulted in underpayment.
Individuals who believe they were misclassified as an independent truck driver may be able to take legal action against trucking companies for underpayment. A qualified trucking attorney can help evaluate your case and determine the best course of action.
